By: Watson  S.B. No. 496
         (In the Senate - Filed February 9, 2015; February 11, 2015,
  read first time and referred to Committee on Education;
  April 27, 2015, reported favorably by the following vote:  Yeas 10,
  Nays 0; April 27, 2015, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to Foundation School Program funding for students enrolled
  in an optional flexible school day program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.0822, Education Code, is amended by
  amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (d)  The commissioner may adopt rules for the administration
  of this section, including rules establishing application
  requirements.  Subject to Subsection (d-1), the [The] commissioner
  shall calculate average daily attendance for students served under
  this section.  The commissioner shall allow accumulations of hours
  of instruction for students whose schedule would not otherwise
  allow full state funding.  Funding under this subsection shall be
  determined based on the number of instructional days in the school
  district calendar and a seven-hour school day, but attendance may
  be cumulated over a school year, including any summer or vacation
  session.  The attendance of students who accumulate less than the
  number of attendance hours required under this subsection shall be
  proportionately reduced for funding purposes.  The commissioner
  may:
               (1)  set maximum funding amounts for an individual
  course under this section; and
               (2)  limit funding for the attendance of a student
  described by Subsection (a)(3) in a course under this section to
  funding only for the attendance necessary for the student to earn
  class credit that, as a result of attendance requirements under
  Section 25.092, the student would not otherwise be able to receive
  without retaking the class.
         (d-1)  In calculating average daily attendance for students
  served under this section, the commissioner shall ensure that
  funding for attendance in a course in a program under this section
  is based on the same instructional hour requirements of the regular
  program rather than a full-time equivalent student basis that
  requires six hours of student contact time to qualify for a full day
  of attendance.
         SECTION 2.  Section 42.005(a), Education Code, is amended to
  read as follows:
         (a)  In this chapter, average daily attendance is:
               (1)  the quotient of the sum of attendance for each day
  of the minimum number of days of instruction as described under
  Section 25.081(a) divided by the minimum number of days of
  instruction;
               (2)  for a district that operates under a flexible year
  program under Section 29.0821, the quotient of the sum of
  attendance for each actual day of instruction as permitted by
  Section 29.0821(b)(1) divided by the number of actual days of
  instruction as permitted by Section 29.0821(b)(1); or
               (3)  for a district that operates under a flexible
  school day program under Section 29.0822, the average daily
  attendance as calculated by the commissioner in accordance with
  Sections [Section] 29.0822(d) and (d-1).
         SECTION 3.  This Act applies beginning with the 2015-2016
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
 
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